劳动争议处理时效若干问题分析

On the Prescription of Labor Dispute

随着我国经济结构的调整,劳动用工制度的改革,劳动关系发生了深刻的变化,劳动争议案件大幅度增加,劳资矛盾成为我国社会矛盾的焦点。然而,劳动法制不健全,争议处理机制不合理,已远远不能满足现实需求。特别是《劳动法》规定的60日的仲裁申请时效反而成了部分企业拖欠劳动者工资、福利待遇的最有用的武器。针对劳动仲裁和诉讼中的时效问题展开探讨,力图得出完善的途径,从而得以切实保障劳动者的权利。

With the adjustment of our economic structure and after labor reform, great changes have taken place in labor relationship and the cases of labor disputes incurease sharply. Thus,the contradiction between labor and capital has become the focus of our social contradiction. However, the inefficiency of labor Law system and the inability of dispute settling system can not meet the need of reality. The sixty - day limitation of arbitration application has become an excuse offered by some enterprises to dock employee＇s wages. This paper tries to find a way to protect labors＇ rights by analyzing the limitation of labor law.